A worker was killed when he drove a specialist machine into an unprotected hole in a factory floor, during a construction project four years ago.
Martin McMenemy, 52, was working for Grimsby-based firm O. Turner Insulation Ltd on the construction of a food-processing plant in Leicester when the incident happened, on 12 April 2008.
He was using a scissor lift to install wall and ceiling panels when, unknowingly, he steered the vehicle towards a shallow uncovered cavity. As it drove over the recess, the vehicle overturned and Mr McMenemy was ejected out of it. He died later in hospital from severe head injuries.
An HSE investigation found that O. Turner Insulation Ltd and principal contractor Clegg Food Projects Ltd, of Nottingham, had failed to take simple precautions to cover the hole.
At a hearing on 24 August, the regulator told Leicester Crown Court that the incident could have been prevented had the pit been covered with a metal plate, or cordoned off entirely.
O. Turner Insulation Ltd pleaded guilty to breaching regs.13(2) and 37(6) of the Construction (Design and Management) Regulations 2007 – respectively, for failing to plan, manage and monitor the construction phase of the project without risks to health and safety, and for failing to undertake suitable and sufficient measures to prevent the vehicle falling into the pit. It was fined £22,500 plus £12,806 in costs.
Clegg Food Projects Ltd admitted breaching regs.22(1)(a) and 37(6) of the same legislation – the former charge specific to the role of the principal contractor to plan, manage and monitor the construction phase safely – and was fined £22,500, with £12,806 in costs.
The victim’s eldest son, Ashley, 33, who had worked alongside his father as a thermal-insulation engineer for several years, said: “I lost interest in working as a thermal-insulation engineer following the incident. The work wasn’t the same and I simply didn’t enjoy it any more.
“I miss Dad and I am upset that if I ever have any children he will not get to see them. I often think of him, and all the things we hadn’t yet done. I miss getting to know him better.”
After the hearing, HSE inspector Stephen Farthing said: “This was an entirely preventable tragedy. A family has been left without a father because simple precautions were not taken to eliminate what was an obvious hazard.
“Both companies had a duty to plan, manage and monitor the work being carried out under their control, but failed in that duty.”
In a statement issued to SHP, Clegg Food Projects expressed its “deepest sympathy” to Mr McMenemy’s family and friends, and described him as “an extremely experienced and respected individual”.
It highlighted the judge’s sentencing remarks, which referred to the breach by Clegg Food Projects as “a blip in an otherwise impeccable safety record”. The company added: “Four years after this tragic event Clegg continues to ensure that those who attend its sites are safe.”
SHP is awaiting a statement from O. Turner Insulation.
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Relatively low fines given that both were charged with two offences?
Its always a tragedy when an incident was easily avoidable.
4 yrs to come to court after having admitted guilt, seems to compound the tragedy I think?
The relevance-it correctly, and rightly so, demonstrates that its not just the poor fella who lost his live that is affected; are you really that stupid? I sincerely hope your not a practising H&S specialist!! Let me guess you rarely show your emotion and are quite detached from society, you see the cup as half empty rather than half full, your a mood hoover who sucks positivity from people, you hated the Olympic games with a passion and your always quick to point the finger when it goes wrong?
How incredibly rude of Steve Paul. And what an excellent response from JLWV. H&S professionals are working hard to improve our image and help people to see the benefits of what we do….primarily striving to prevent needless tragedies such as this one. Steve Paul’s ignorant and ill-advised comments will send our collective reputation in the opposite direction – I only hope that Mr McMenemy’s son doesn’t read this.
Although I believe in freedom of speech and everyone’s right to comment on stories and articles, I am about to post something that could be contoversial because I ask a simple question of responsibility, but I am in total disbelief at the comments of Steve Paul!
The relevance is that it was the mans father who died and when a death is unexpected it can have far more of an effect than if someone has an illness and you know they die from it!
The only thing I don’t see in the article (and can understand to a degree) is where Mr McMenemy should have also been responsible for his own safety!
It has been my understanding since I have worked that first and foremost it is I who is responsible for my own H&S as well as the company.
Did Mr McMenemy carry out a risk assessment before using the lift, before moving it to new areas? I was always told on courses that I have to carry out the assessment!
Still a terrible tragedy and loss!
The victim’s eldest son, Ashley, 33, who had worked alongside his father as a thermal-insulation engineer for several years, said: “I lost interest in working as a thermal-insulation engineer following the incident. The work wasn’t the same and I simply didn’t enjoy it any more.
“I miss Dad and I am upset that if I ever have any children he will not get to see them. I often think of him, and all the things we hadn’t yet done. I miss getting to know him better.”
AND THE RELEVANCE?